Surya Prasad, J. - (1.) THIS is a criminal appeal against the judgment and order dated 7tn August, 1979 passed by the then learned III Additional Sessions Judge, Ghazipur, convicting the appellant-accused under section 302 IPC and sentencing him to the imprisonment for life and a fine of Rs. 2000/-, in default of payment of fine to four years rigorous imprisonment in Session Trial no. 284 of 1978 (State v. Rajendra Singh Yadav and another).
(2.) THE charge against the accused Raj Kumar Singh Yadav alias Bhikha Yadav along with Rajendra Singh Yadav was that on the night between 12/13th June, 1974 at about mid night at the door of the bouse of Kashi Ram deceased in village Hinganpur within the circle of police station Bhurkura, district Ghazipur in pursuance of the cam non intention bath of them Raj Kumar Singh Yadav alias Bhikha Yadav) committed the murder of Kashi Ram Harijan, by intentionally causing his death by inflicting Gandas blows upon him and Rajendra Singh Yadav was standing with a lathi in his hand and there by they committed an offence punishable under section 302 read with section 34 IPC. The prosecution case briefly stated is that the Harijans of village Hinganpur, within the circle of police station Bhurkura, district Ghazipur, stopped doing dirty work of the village for about 8 months before the commission of the murder of Kashi Ram. The dirty work included cleaning the dead bodies of the animals and other things in connection therewith. This act of the Harijans consequently infuriated the people of other communities in the village. The accused Raj Kumar Singh Yadav alias Bhikha Yadav and Rajendra Singh Yadav were extremely dis-pleased with the Harijans of the village in general and Kashi Ram deceased in particular became he had taken lead on behalf of other Harijans Consequently the accused Raj Kumar Singh Yadav alias Bhikha Yadav and Rajsadra Singh Yaday threatened to kill Kashi Ran whereupon the other Harijans led by Kashi Ran had to move an application against them. Consequently the accused Raj Kumar Singh Yadav alias Bnikha Yadav and Rajendra Singh Yadav became more annoyed and dis-pleased with Kashi Ram and others. In the night intervening 12/13th June, 1974, at about mid night Kashi Ram was sleeping on a cot outside his house after taking his meal. His wife Smt. Piyaria was also sleeping on another cot near by his cot. Their two daughters were also sleeping on other cots. A lantern was bruning. Raj Kumar Singh Yadav alias Bhikha Yadav armed with a Gandasa and Rajendra Singh Yadav, armed with lathi reached there. Smt. Piyaria had stomach-ache and, therefore, she could not sleep and was lying. She saw them and enquired of them why they had come there. Raj Kumar Singh Yadav alias Bhikha Yadav started giving Gandasa blows to Kashi Ram. Smt. Plyaria raised alarm. Her daughter also cried. Consequently Pati Ram, Faujdar, Kharpat Ram, Ball Ram and others armed with lathis and torches reached there. They chased the accused, but they ran away. They threatened the witnesses also in the event of advancing towards them. Kashi Ram succumed to the Injuries caused to him. Smt. Piyaria got a first information report Ext. Ka 1 written by Faujdar on her dictation about the incident. Faujdar took it to the police station Bhurkura and handed it over to the then Head Moharrir Markandey Singh. Tint report was received at the police station on 13th June, 1974 in the presence of the then Sub-Inspector Tilakdhari (PW 4). On the basis of that report, the then Head Moharrir Markandey Singh prepared a chick report Ext. ka 3 and registered a case in the general diary at serial no. 8, an extract of which is Ext. ka 4. The Investigation Into the case was entrusted to the Sub-Inspector Tilakdharl (PW 4), who took down the statement of Fauzdar at the police station itself. He proceeded to the place of occurrence, Reaching there, he prepared an inquest report Ext. ka 5 and other documents in regard to the dead body of Kashl Ram. Thereafter he despatched the dead body to the murtuary through constable Ram Awadh and village chaukidar Kishuni for post mortem examination. Thereafter he took down the statements of the witnesses including Smt. Piyaria (PW 2). Thereafter he inspected the place of occurrence and prepared a site plan Ext. ka 10. He took into his custody the blood stained earth and plain earth and certain articles including clothes from the place of occurrence and prepared a Fard in respect thereof. He had seen the torches of Faujdar, Kharpat Ram and Patiram and subsequently returned them into their Supudagi. He prepared a fard Ext. ka 12 in respect of the same. On 14th June, 1974 at 4.15 P.M. Dr. C. B. Singh (PW 3) conducted the post mortem examination on the dead body of Kashi Ram and found the following ante mortem injuries thereon - 1. Incised wound 6" x 1" on the left side face. Transvers extending (paper torn) Plna of right ear is also cut- 2. Incised would 6" x 4 1/2" x 6 cm (paper torn) the top of right shoulder transverse the under laying (sic) is also cut. 3. Incised wound 5" x 2" x bone deep on the present of neck. 4. Incised wound 1/2" x 3/4" x skin deep on the (sic) of left thumb (sic). Trachea was cut. Stomach was found empty. In the opinion of the doctor, the death occurred due to shock and haemorrhage. He prepared the past mortem report Ext. ka 2 simultaneously with the performance of the postmortem examination on the dead body.
(3.) ON the receipt of the post-mortem report and after the completion of the investigation into the case the Investigating Officer. Tilakdhari (PW 4) submitted the charge-sheet against the accused Raj Kumar Singh Yadav alias Bhikha Yadav and Rajendra Singh Yadav, The prosecution examined Balli (PW 1), Smt. Piyaria (PW 2), Dr. C. B. Singh (PW 3), Tilakdhari (PW 4) and relied upon certain documents in support of its case. An affidavit on behalf of Ram Awadh Singh was filed to the effect that he along with village Chaukidar Kishuni took the dead body of Kashi Ham to the mortuary for post-mortem examination.;